N° 229-
36177
JUL 21
126
GOVERNMENT HOUSE.
HONGKONG.
13th June, 1921.
*
Sir,
Gov 20
In continuation of my despatch No.399 of the
67102/24th December, 1920, I have the honour to inform you thet
a position of some difficulty hes arisen in connection with the realisation, under the Treaty of Peace Orders, 1919 to 1920, of the "enemy" shares on the Shanghai register of the Hongkong and Shanghai Banking Corporation.
2.
are
The facts with regard to the opening of the Shanghai register, so far as they are known to me, stated in the judgment of Sir John Carrington, Chief Justice, in Original Jurisdiction No.46 of 1901, Attorney General v. Jaques, three copies of which I enclose.
3.
The Hongkong and Shanghai Banking Corporation object to entering the Hongkong Custodian as the ower of any shares on the Shanghai register because they are not satisfied that these shares are property within His Majesty's dominions within the meaning of Article I (XVI) of the Treaty of Peace Order, 1919, and they are afraid that the Custodian's certificate under the Treaty of Peace (Amendment) (No.2) Order, 1920, might not protect them if it were hereafter held that the shares were not subject to the charge created by the principal Order. They are prepared to enter the Custodian as owner if the Hongkong Goverment will give them an indemnity. Their legal advisers have also
stated
THE RIGHT HONOURABLE
WINSTON CHURCHILL, M.P.,
20.1
80.
&c.,
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